ABSTRACT

This chapter outlines the collective or institutional aspect of the right to freedom of religion. It focuses on the aspect of religious autonomy in that religious associations have the right to structure themselves in accordance with their own religious precepts, free from state interference. The religious organisation is entitled to determine and administer their own internal religious affairs without interference from the state. The South African religious charter guarantees every religious institution the right to institutional freedom of religion, including the right to determine its own doctrines, and to regulate its own internal affairs, including organisational structures and procedures. Constitutional principle XII stated that collective rights of self-determination in forming, joining and maintaining organs of civil society, including linguistic, cultural and religious associations, should be recognised and protected. The right to freedom of association is a correlative right, which supports and forms part of a variety of other rights and freedoms, in particular the right to religious freedom.